The FDA does not set pesticide limits itself. In the US, limits are called tolerances, they are set by the Environmental Protection Agency (EPA), and the FDA enforces them on imported and domestic food. Tolerances are published in the Code of Federal Regulations, Title 40, Part 180.
The key difference from the EU is what happens without a limit. There is no default figure. If the EPA has set no tolerance for a pesticide on your spice, any residue the FDA can detect makes the food adulterated under US law.
How US tolerances work
- Each tolerance applies to one pesticide on one crop or crop group.
- Herbs and spices are covered by EPA crop groups, so one tolerance may apply to many spices.
- Some pesticides are exempt from tolerance, usually low-risk substances.
- A pesticide used legally in India may have no US tolerance on spices at all.
- Tolerances change. The EPA adds, revokes and revises them through published rules.
How to check a tolerance
Search 40 CFR Part 180 on the electronic Code of Federal Regulations (eCFR) website. Each pesticide has its own section with a table of crops and tolerances in parts per million, which equals mg/kg. Look for your spice by name and by crop group. If neither appears, assume no tolerance exists. Your customs broker or a US regulatory consultant can confirm.
How the FDA enforces
The FDA samples imported food at the border and through its residue monitoring programme. If a sample shows a residue above tolerance, or a residue with no tolerance, the shipment can be refused. Repeated findings for a supplier can lead to an import alert, where future shipments are detained without examination until the supplier shows they are clean.
See the US FDA import alert list for how that works.
What this means for your testing
Few pesticide makers seek US tolerances for minor crops like cumin or fennel. So the list of pesticides with a tolerance on spices is short, and many compounds used in India have none. Clean farming practice and testing before shipment are the only reliable defence.
- Test for the pesticides used on your crop in India, not only those with a US tolerance.
- Ask for LOQs as low as the lab can reliably reach, since any detection without a tolerance is a problem.
- Check every detected compound against 40 CFR Part 180 for that spice.
- Do not assume a sample that passes EU limits will pass in the US, or the reverse.
- Keep test records. US importers under the FSVP rule must be able to show how they verified their supplier. See the FSVP rule for US importers.
How we help
We test US-bound lots with a multi-residue screen at an NABL-accredited lab and report every detection, with its value, so you can check it against US tolerances. We draw the samples ourselves from the packed lot. Ask for a free sourcing review.